55. For further recommendations, the Committee makes reference to its General
Comment No. 1 on Article 30 of the African Children’s Charter.
Sexual abuse and exploitation and trafficking of children
56. The Committee commends the establishment of Child and Gender Protection Units
(CGPU) to provide care and services for children who have been neglected,
exploited, or victims of violence. The Committee further encourages the State Party
to provide skilled human resource; sufficient funding and necessary facilities the will
enable to the CGPUs to discharge care and rehabilitation for the children.
57. The Committee recommends that the State Party reviews its Sexual Offences Act
which makes a distinction between children below and above the ages of 16 years in
cases of child molestation. The Committee is concerned that Section 8 of the Sexual
offence act does not proscribe child molestation against children between the ages
of 16 and 18 years. The Committee recommends that child molestation is proscribed
against all children below the ages of 18 years in accordance with the definition of
the child under the African Children’s Charter.
58. The Committee is also concerned that much of the sexual violence is not reported
especially when the perpetrator is a family member or a relative. Sometimes, such
cases will be dealt at village level without putting proportional punishment on the
perpetrator. The Committee recommends that the Government strives towards
investigation and prosecution of perpetrators of sexual violence when they are family
members. The Committee encourages the State Party to bring all perpetrators of
sexual violence to the formal justice system and to ensure that conviction is effected
appropriately to ensure deterrence. To this end, the Government should work hand
in hand with traditional and religious leaders at grassroots levels.
59. The Committee commends the joint corss-border forum on human trafficking
undertaken with South Africa. Taking the grave trafficking problems of the southern
Africa region, the Committee recommends that the State Party collaborates with
other countries in the region to prevent child trafficking.
Child labour
60. The Committee notes that the minimum age of employment is 13 years of age. The
Committee encourages the State Party to raise the minimum age of employment to
14 years to comply with international standards. In addition, reports show that there
are tenth of thousands of children below the minimum age of employment who are
being involved in the labour force in various sectors including domestic work. The
Committee calls upon the State Party to implement the Labour Code and to ensure
the prosecution of employees who employ children below the minimum age. The
Committee also calls upon the State Party to make sure that the Labour Officers
undertake frequent visits both to the formal and informal sector to impede the
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